El texto completo de esta guía está en inglés; el resumen anterior está en su idioma. Los resúmenes de las leyes y el inglés siguen siendo la fuente de referencia.
Revisado contra los Estatutos de Texas el 2026-10-04. Información general, no asesoría legal; el texto oficial prevalece.
Chapter 111: General provisions
- §111.0035 ↗ Default and mandatory rules; conflict between terms and statute
- The terms of the trust prevail over the Trust Code, except for the list the section keeps mandatory — among them the duty to answer a §113.151 accounting demand from a current or presumptive remainder beneficiary of an irrevocable trust, and the duty to keep a beneficiary of an irrevocable trust who is 25 or older informed.
- §111.004 ↗ Definitions
- The words the subtitle turns on: settlor, trustee (original, additional or successor), beneficiary, interested person, trust property, express trust and the rest.
Chapter 112: Creation, validity, modification, and termination of trusts
- §112.004 ↗ Statute of frauds
- A trust in real or personal property is enforceable only if its terms are in writing signed by the settlor or the settlor's authorized agent, with the exceptions the section states.
- §112.009 ↗ Acceptance by trustee
- Signing the trust instrument or a separate written acceptance is conclusive evidence of acceptance; exercising powers or performing duties is presumptive evidence, with the exceptions the section states.
- §112.035 ↗ Spendthrift trusts
- A settlor may provide that a beneficiary's interest cannot be voluntarily or involuntarily transferred before payment; a settlor who is also a beneficiary does not get the protection as to that interest, with the section's exceptions.
- §112.036 ↗ Rule against perpetuities
- An interest in a trust whose effective date is on or after September 1, 2021 must vest within the later of 300 years or a life in being plus 21 years, as the section provides.
- §112.051 ↗ Revocation, modification, or amendment by settlor
- A settlor may revoke the trust unless it is irrevocable by the instrument's express terms, and may modify or amend it as the section provides.
- §112.052 ↗ Termination
- A trust terminates as its terms provide; after a terminating event the trustee may keep exercising its powers for the reasonable period needed to wind up and distribute.
- §112.054 ↗ Judicial modification, reformation, or termination of trusts
- A court may modify, reform or terminate a trust on the grounds the section lists, on the petition of a trustee or a beneficiary.
- §112.057 ↗ Division and combination of trusts
- A trustee may divide a trust or combine trusts on the conditions the section states, after the notice it requires.
- §112.059 ↗ Termination of uneconomic trust
- After notice to the distributees and permissible distributees, a trustee may terminate a trust whose total value is under $50,000 when the value does not justify the cost of administration.
- §112.072 ↗ Distribution to second trust: trustee with full discretion
- An authorized trustee with full discretion may distribute trust principal to a second trust within the subchapter's limits (§§112.071–112.087); a trustee with limited discretion follows §112.073.
- §112.074 ↗ Notice required
- Decanting takes written notice at least 30 days before the distribution, to the beneficiaries the section names.
Chapter 113: Administration
- §113.002 ↗ General powers
- A trustee may exercise any power necessary or appropriate to carry out the trust's purposes, subject to the terms (§113.001) and the subtitle.
- §113.018 ↗ Employment and appointment of agents
- A trustee may employ attorneys, accountants, agents and other advisors, and may delegate as the section provides.
- §113.029 ↗ Discretionary powers; tax savings
- A trustee exercises a discretionary power in good faith and according to the trust's terms and purposes, whatever words — "absolute", "sole", "uncontrolled" — the terms use; the section also keeps certain tax-sensitive powers from a trustee who is a beneficiary.
- §113.051 ↗ General duty
- The trustee administers the trust in good faith according to its terms and the subtitle and, absent contrary terms, the duties the common law imposes.
- §113.052 ↗ Loan of trust funds to trustee
- A trustee may not lend trust funds to itself, an affiliate or a relative, with the section's exceptions — the first of the restricted transactions with the trustee.
- §113.081 ↗ Resignation of trustee
- A trustee may resign as the terms provide, or by petitioning a court for permission.
- §113.082 ↗ Removal of trustee
- A trustee may be removed as the terms provide, or by a court on the petition of an interested person on the grounds the section lists.
- §113.085 ↗ Exercise of powers by multiple trustees
- Cotrustees act by majority decision, with the section's rules for a cotrustee who is unavailable or dissents; a cotrustee's liability for the others' acts is §114.006.
- §113.151 ↗ Demand for accounting
- A beneficiary may demand a written statement of accounts; delivery comes on or before the 90th day after the trustee receives the demand, or a court may compel it; not more than once every 12 months unless the court orders otherwise.
- §113.152 ↗ Contents of accounting
- What the statement shows: the trust property on hand, receipts and disbursements, each known liability, and the other items the section lists.
Chapter 114: Liabilities, rights, and remedies of trustees, beneficiaries, and third persons
- §114.001 ↗ Liability of trustee to beneficiary
- A trustee who commits a breach of trust is accountable to the beneficiaries for the loss, depreciation or profit the section describes.
- §114.0031 ↗ Directed trusts; advisors
- Texas's own directed-trust section: an advisor (a protector among them) may hold powers of direction, and the directed trustee's duties, liability and the limits of its duty to monitor follow the section's subsections.
- §114.005 ↗ Release of liability by beneficiary
- A beneficiary's release of a trustee binds only with the full information the section requires.
- §114.006 ↗ Liability of cotrustees for acts of other cotrustees
- When a cotrustee answers for another cotrustee's breach, as the section provides.
- §114.008 ↗ Remedies for breach of trust
- The court's remedies: compelling performance, enjoining a breach, surcharge, removal, an accounting and the others the section lists.
- §114.032 ↗ Liability for written agreements
- A written agreement between a trustee and a beneficiary — a release, a consent, an indemnity — binds on the conditions the section states, including that the beneficiary had full information.
- §114.061 ↗ Compensation
- Unless the terms provide otherwise, a trustee is entitled to reasonable compensation; a court may deny all or part of it for a breach of trust.
- §114.063 ↗ General right to reimbursement
- A trustee may discharge or reimburse trust expenses from trust property, as the section provides.
- §114.064 ↗ Costs
- In a proceeding under the subtitle a court may award costs and reasonable and necessary attorney's fees as it finds equitable and just.
- §114.0821 ↗ Liability of trust property
- Trust property is not liable for the trustee's personal obligations.
- §114.086 ↗ Certification of trust
- Instead of the trust instrument, a trustee may furnish a certification stating the trust's existence and date, the settlor, the trustee and the trustee's powers, as the section lists; a person who relies on it is protected.
Chapter 115: Jurisdiction, venue, and proceedings
- §115.001 ↗ Jurisdiction
- A district court has original and exclusive jurisdiction over proceedings by or against a trustee and proceedings concerning trusts, as the section provides; a statutory probate court shares it where one sits.
- §115.002 ↗ Venue
- Where a trust proceeding is brought — the county of the trustee's residence or of the trust's situs of administration, as the section provides.
- §115.013 ↗ Pleadings and judgments
- How beneficiaries are represented and bound in a trust proceeding — a parent for a minor, a holder of a power of appointment for those subject to it — as the section provides.
Chapter 116: Uniform Principal and Income Act
- §116.004 ↗ Fiduciary duties; general principles
- How a fiduciary allocates receipts and disbursements between principal and income, impartially, when the terms give no direction.
- §116.174 ↗ Minerals, water, and other natural resources
- How receipts from oil, gas and other natural resources are allocated between income and principal — common Texas trust assets.
Chapter 117: Uniform Prudent Investor Act
- §117.003 ↗ Prudent investor rule
- A trustee who invests and manages trust assets owes the beneficiaries the duty to comply with the prudent investor rule, unless the terms alter it.
- §117.004 ↗ Standard of care; portfolio strategy; risk and return objectives
- Invest and manage as a prudent investor would, considering the trust's purposes, terms, distribution requirements and other circumstances; decisions are judged as part of the whole portfolio.
- §117.006 ↗ Duties at inception of trusteeship
- Within a reasonable time after accepting the trusteeship or receiving trust assets, review them and decide on retention and disposition.
- §117.007 ↗ Loyalty
- Invest and manage the trust assets solely in the interest of the beneficiaries.
- §117.008 ↗ Impartiality
- With two or more beneficiaries, act impartially in investing and managing, taking their differing interests into account.
- §117.011 ↗ Delegation of investment and management functions
- A trustee may delegate investment and management functions a prudent trustee of comparable skills could properly delegate, with the care in selecting, instructing and monitoring the agent the section requires.
Información general sobre la ley de Texas, no asesoramiento legal.